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(영문) 서울중앙지방법원 2018.10.12 2018노1260
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

Damage to the prone kneoo that the victim suffered due to the accident of this case by mistake of the summary of the grounds for appeal is not an obstacle to daily life even without being treated, and is sustained by the criminal law to the extent that natural cure can be naturally cured as the time elapses.

subsection (b) of this section.

The punishment of the lower court (five million won in penalty) that is unfair in sentencing is too unreasonable.

Judgment

In fact, the phrase “when an accident driver runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the injured person,” as prescribed by Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Cases”) refers to cases where the accident driver leaves the scene prior to performing his/her duty under Article 50(1) of the Road Traffic Act, such as aiding and abetting the injured person despite his/her awareness of the fact that the injured person was killed due to the accident, resulting in a situation in which it is impossible to determine who caused the accident.

Therefore, in order to establish the above escape driving crime, the result of thought should arise to the victim. The mere danger to life and body is limited, or annoyed, to the extent that it cannot be evaluated as the "injury" as stipulated in Article 257 (1) of the Criminal Act, is no need for treatment, and thus, it thereby infringing on health conditions.

In a case where it cannot be seen, the above crime is not established (see Supreme Court Decision 99Do3910, Feb. 25, 2000, etc.). In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as prescribed by Article 5-3 of the Act and its legal protection, etc., it was necessary to take measures under Article 54(1) of the Road Traffic Act, such as aiding a person actually damaged by the driver of the accident.

When it is not recognized, the accident driver shall not take measures, such as aiding the victim, and the place of accident.

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